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CITY OF FAIRMONT v. HAWKINS

No. 15678.

304 S.E.2d 824 (1983)

CITY OF FAIRMONT, W.Va., etc. v. William M. HAWKINS, and USF & G Co.

Supreme Court of Appeals of West Virginia.

June 22, 1983.

Attorney(s) appearing for the Case

George R. Higinbotham, Higinbotham & Higinbotham, Fairmont, for appellant.

Alfred J. Lemley, Furbee, Amos, Webb & Critchfield, Fairmont, for Wm. M. Hawkins.

Herschel Rose, Rose Southern & Padden, Fairmont, for USF & G Co.

MILLER, Justice:

In this appeal from a final judgment rendered against the appellant, City of Fairmont, we are asked to determine whether a mayor of a municipality has the authority to settle a claim on behalf of a municipality. We are also asked to determine if a mayor can be held personally liable for the payment of the claim.

During appellee Mayor William M. Hawkins' term of office in May, 1975, a property damage suit was brought by Charles Glaspell against...

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